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SABYASACHI BHATTACHARYYA
Aditya Sarda – Appellant
Versus
Regional Passport Officer – Respondent
JUDGMENT :
(Sabyasachi Bhattacharyya, J.) :
1. In the present writ petition, the petitioner has challenged the vires of Clause (a)(ii) of a Notification issued by the Ministry of External Affairs, Government of India bearing no. G.S.R 570(E) dated August 25, 1993 in as much as the said sub-clause restricts the issuance of passport to one year in cases where the jurisdictional criminal court, where a criminal case is pending against the applicant, grants permission to the applicant to depart from India without specifying the period for the same.
2. Learned counsel for the petitioner argues that Section 6(2)(f) of the Passports Act, 1967 (hereinafter refer to as, “the 1967 Act”), provides a bar to issuance of passports in respect of persons against whom proceedings in respect of an offence alleged to have been committed by the applicant are pending before a criminal court in India. The concerned Notification bearing no. G.S.R 570(E) dated August 25, 1993 provides exemption to such bar in cases where the applicant produces orders from the court concerned permitting him/her to depart from India.
3. Sub-clause (i) of Clause (a) thereof stipulates that such passport shall be issued, in c
The court established that the Central Government can impose reasonable restrictions on passport issuance under the Passports Act, even when a court permits travel without specifying a time frame.
The Supreme Court clarified that the right to renew a passport is not absolute when criminal proceedings are pending, as long as judicial permissions are in place to regulate travel, ensuring the bal....
Clause (f) of Section 6(2) of the Passport Act, 1967 is inapplicable to post-conviction or post-acquittal proceedings.
The right to travel abroad is a fundamental right under Articles 19 and 21 of the Constitution, and passport issuance must consider relevant legal notifications and judicial discretion.
The fundamental right to travel abroad, the discretion of the court in granting permission for passport renewal, and the statutory provisions under the Passport Act 1967, along with the notification ....
The court clarified that individuals facing criminal proceedings can obtain passport renewals based on trial court permits, without needing a separate order to depart from India, affirming the limita....
The court affirmed the right to apply for a passport despite pending criminal proceedings if a No Objection Certificate from the court is provided, emphasizing the necessity of judicial oversight ove....
The denial of passport renewal due to pending criminal proceedings is justified under Section 6(2)(f) of the Passports Act, 1967, applicable to all forms of passport issuance.
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